- 1 - HC-KAR CNR: KAHC010693392025 NC: 2026:KHC:49220-DB WA No. 1747 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1747 OF 2025 (S-KSRTC) BETWEEN: MRS. S. S. BHARATHI W/O. SRI. J. R. SRINIVAS, HINDU, AGED ABOUT 41 YEARS, RESIDING AT JANGAMAKOTE, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT, PIN CODE-562 102. …APPELLANT (BY SRI. SRIVASTHAVA H.K, ADVOCATE A/W SMT. RASHMI N.L.,ADVOCATE AND SRI. HARIPRASAD., ADVOCATE ) AND: 1. MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION, SHANTHINAGAR, BANGALORE-560 001. 2. MANAGING DIRECTOR BANGALORE METROPOLITAN TRANSPORT CORPORATION, SHANTHINAGAR, BANGALORE-560 001. Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010693392025 NC: 2026:KHC:49220-DB WA No. 1747 of 2025 3. ASSISTANT REGISTRAR OF ENQUIRIES - 1 LOKAYUKTA ENQUIRIES, MULTISTORIED BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI.VENKATESH S. ARABATTI, ADVOCATE FOR R3; SMT.H.R.RENUKA, ADVOCATE FOR R1 & R2) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO A) SET ASIDE THE JUDGEMENT PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN WP NO.28554/2019, CONSEQUENTLY QUASH ORDER NO.KA RA SA/KE.KA/SISTHU/D-1/D1725/42/19-20 DATED 08/04/2019, ANNEXURE-H AND ORDERS NO.COMPT/LOK/BCD- 100/2014/ARE-1 DATED 16/05/018 BY THE 3RD RESPONDENT, ANNEXURE-F AND B)PASS ANY SUCH OTHER ORDER/S THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Heard Sri. Srivasthava H.K., learned counsel appearing for the appellant, Sri. Venkatesh S. Arabatti learned counsel appearing for the Lokayukta and Smt. H.R. Renuka appearing for respondents-corporations. - 3 - HC-KAR CNR: KAHC010693392025 NC: 2026:KHC:49220-DB WA No. 1747 of 2025 2. The present intra Court appeal has been filed by the appellant/petitioner impugning the judgment dated 07.07.2025 passed by the Writ Court in W.P.No.28554/2019 wherein the appellant had challenged the order of entrustment of the enquiry by the Managing Director of the Karnataka State Road Transport Corporation, Bengaluru (hereinafter referred to as KSRTC for short). 3. The short question for our consideration involved in this appeal is that whether in absence of a provision for entrustment such as Rule 14A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (hereinafter referred to as Rules for short) the disciplinary inquiry can be entrusted to the Lokayuktha. 4. The appellant/petitioner was issued a charge sheet by the Managing Director for charges as proved to entail major penalties. - 4 - HC-KAR CNR: KAHC010693392025 NC: 2026:KHC:49220-DB WA No. 1747 of 2025 5. The disciplinary proceedings against an employee of the KSRTC are governed under the provisions of the Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971 (hereinafter referred to as Regulations 1971 for short). Regulation 23 of the said Regulations 1971 provides for procedure to be adopted for imposing major penalties. Which would read and under: 23. Procedure for imposing major penalties:- (1) No order imposing any of the penalties specified in clauses (ix) and (x) of Regulation-18 shall be made except after an inquiry, held, as far as may be, in the manner provided in this Regulation. (2) Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against a Corporation servant it may itself inquire into or appoint under this Regulation an Authority to inquire into the truth thereof." Explanation: Where the Disciplinary Authority itself holds the inquiry; any reference in Sub-Regulation (7) to (20) and in Sub- Regulation (22) to the Inquiring Authority shall be construed as a reference to the Disciplinary Authority." (Emphasis supplied) - 5 - HC-KAR CNR: KAHC010693392025 NC: 2026:KHC:49220-DB WA No. 1747 of 2025 6. Under the said provision enquiry either can be conducted by the disciplinary authority or to be conducted by an Enquiry Officer to be appointed for this purpose by the disciplinary authority. In this case the disciplinary authority is the Managing Director. 7. Ms. Renuka learned counsel appearing for the respondents - Corporations fairly concedes that there is no such provision exists in the Regulations 1971, which would specifically provide for entrusting the enquiry to the Lokayuktha, as provided under Rule 14A of the CCA Rules. She also fairly concedes that there is no incorporation of Rule 14A of CCA Rules in the regulations of 1971. 8. Considering the said position of the Regulations, where there is no provision akin to Rule 14A of the CCA Rules exists in the Regulations 1971 and the provisions of Rule 14A of CCA Rules have not been incorporated in the Regulations 1971, we are of the view that the Managing Director would not be competent to entrust the enquiry to - 6 - HC-KAR CNR: KAHC010693392025 NC: 2026:KHC:49220-DB WA No. 1747 of 2025 the Lokayukta. Such entrustment is without an authority of law and therefore the entrustment order dated 08/09.04.2019 is void ab initio and hence set aside. In the result, the impugned judgment is also set aside. The appeal succeeds. However, respondents No.1 and 2 may proceed with the enquiry as the charge sheet has already been issued by appointing an enquiry officer in accordance with the provisions of the Regulations 1971 and complete the same expeditiously. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 2 Sl No.: 11